Constitutional Principles - an Introduction
Lawrence Solum has penned a fine set of comments on Constitutional Principles, which will be well worth reading. He is, of course, writing for an American context, but the translation should not be unduly difficult.
The obvious major difference does, however, provoke a question - since, as Professor Solum remarks, constitutional principles are not (generally) directly stated in the US Constitution, does that make it less legitimate for the US Courts to resort to them than for the UK ones to do likewise, since there is no equivalent UK constitutional text whose silences and omissions can similarly be alleged to be significant ?
I suspect - without any attempt to verify - that the practice is the reverse. Now - why ... ?
The obvious major difference does, however, provoke a question - since, as Professor Solum remarks, constitutional principles are not (generally) directly stated in the US Constitution, does that make it less legitimate for the US Courts to resort to them than for the UK ones to do likewise, since there is no equivalent UK constitutional text whose silences and omissions can similarly be alleged to be significant ?
I suspect - without any attempt to verify - that the practice is the reverse. Now - why ... ?
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